HC Deb 11 July 1975 vol 895 cc930-3

Lords Amendment: No. 2, in page 3, line 35, after Clause 1, insert new Clause A:

".—(1) If it appears to an examiner:—

  1. (a) that a goods vehicle or a trailer is being used in such circumstances as are specified in subsection (2) of section 1 above, and
  2. (b) that, without reasonable excuse, the driver of the goods vehicle or, as the case may require, the person in charge of, or the driver of a vehicle drawing, the trailer has refused or failed to comply with a requirement under that subsection,
the examiner may prohibit the removal of the goods vehicle or trailer out of the United Kingdom, either absolutely or for a specified purpose, and either for a specified period or without limitation of time.

(2) Where an examiner prohibits the removal of a goods vehicle or trailer out of the United Kingdom under subsection (1) above, he shall forthwith give notice in writing of the prohibition to the driver of the goods vehicle, or as the case may require, to the person in charge of, or the driver of the vehicle drawing, the trailer, specifying—

  1. (a) the circumstances in consequence of which the prohibition is imposed,
  2. (b) whether the prohibition applies absolutely or for a specified purpose, and
  3. (c) whether the prohibition is for a specified period of without limit of time,
and the prohibition under subsection (1) above shall come into force as soon as notice thereof is given under this subsection.

(3) Where an examiner is satisfied, with respect to a goods vehicle or trailer to which a prohibition under subsection (1) above relates,—

  1. (a) that the goods vehicle or trailer is being used on a journey to which regulations under section 1(1) above do not apply, or
  2. (b) that there is carried on the goods vehicle or, in the case of a trailer, on the vehicle drawing it or by a person in charge of it a document of a description specified in those regulations,
he may remove the prohibition and, where he does so, shall forthwith give notice in writing of the removal of the prohibition to the driver of the goods vehicle, or as the case may require to the person in charge of, or the driver of the vehicle drawing, the trailer and the prohibition shall cease to have effect on the giving of that notice.

(4) Unless the person to whom a notice is given under subsection (2) or subsection (3) above is the person using the vehicle concerned, as soon as practicable after such notice has been given, the examiner who gave it shall take steps to bring the contents of the notice to the attention of the person using the vehicle.

(5) In the exercise of his functions under this section, an examiner shall act in accordance with any general directions given by the Secretary of State.

(6) Any person who, without reasonable excuse,—

  1. (a) removes a goods vehicle or trailer out of the United Kingdom in contravention of a prohibition under subsection (1) above, or
  2. (b) causes or permits a goods vehicle or trailer to be removed out of the United Kingdom in contravention of such a prohibition,
shall be guilty of an offence and liable on summary conviction to a fine not exceeding £200.

(7) Subsections (8) and (9) of section 1 above shall apply in relation to this section as they apply in relation to that."

Mr. Weitzman

I beg to move, That the House doth agree with the Lords in the said amendment.

Mr. Deputy Speaker (Mr. George Thomas)

With this, we can also discuss the following Lords amendments:

No. 3, in page 3, line 40, leave out "paragraph" and insert "paragraphs".

No. 4, in page 3, line 45, at end insert: (eee) a conviction of the holder of the licence or a servant or agent of his under section (Power to prohibit vehicle or trailer being taken out of the United Kingdom) of the International Road Haulage Permits Act 1975".

No. 5, in page 4, line 27, leave out "34" and insert "29(1)".

No. 6, in page 4, line 28, after "1967" insert: (suspension and revocation of operators' or vehicle licences), after paragraph (d) there shall be inserted the following paragraphs:— (dd) that the holder of the licence, or any servant or agent of his, has been convicted of an offence under section (Power to prohibit vehicle or trailer being taken out of the United Kingdom) of the International Road Haulage Permits Act 1975". (2) In section 34 of that Act".

12.15 p.m.

Mr. Weitzman

As drafted, the Bill provides for imposition of fines, on summary conviction, on persons using vehicles without permits when these are necessary and on persons who refuse or fail to produce such permits at the request of an examiner.

Despite these provisions, there is nothing to stop a vehicle being taken abroad on a journey for which permits are required, and, in cases where a forged permit is being used, it is more than likely that the persons concerned would merely withhold production of the forgery until the frontier of the foreign country concerned was reached. Any fine incurred would be regarded simply as an added expense to be taken into account in assessing the charge for the journey.

It is important to prevent vehicles from embarking upon international journeys without valid permits and thus to avoid the many problems which have arisen all too often in foreign countries as a result of use of forgeries.

To achieve this objective it is necessary to prohibit vehicles from leaving the United Kingdom if they do not have the necessary permits. The haulage associations agree in principle. However, unlike the provisions of Section 1(2) of the Road Traffic (Foreign Vehicles) Act 1972, there is no question of detaining the vehicle or prohibiting it from being driven on roads within the United Kingdom.

Subsection (1) provides that an examiner may impose such a prohibition. It also ensures that, in exercising his powers, he should be able to use his discretion as regards the extent and duration of the prohibition.

Subsection (2) requires an examiner who imposes a prohibition to give details of it in writing to the driver or person in charge of the vehicle. This is comparable with Section 1(5) of the Road Traffic (Foreign Vehicles) Act 1972 and Sections 57(2) and 57(7) of the Road Traffic Act 1972. The prohibition will come into force forthwith.

Subsection (3) deals with removal of the prohibition. This may be effected by any examiner provided he is satisfied either that a valid permit for the journey in question has been obtained and is produced to him or that the vehicle is no longer to be used on a journey for which a permit is required. The latter circumstances may arise where, for example, the load is changed to one falling within an exempt category or the place where the goods are to be unloaded is changed to one in a country which does not require British goods vehicles to have permits. Notification of removal of the prohibition must be given in writing by the examiner to the driver, or person in charge, of the vehicle and the prohibition shall cease to have effect forthwith. This is comparable with Section 2(3) of the Road Traffic (Foreign Vehicles) Act 1972.

Subsection (4) requires the user of the vehicle, if he is not the driver or person in charge of it, to be notified when a prohibition has been imposed on or removed from a vehicle. This is necessary because it is the "user", as referred to in Clause 1(8), who is responsible for matters relating the operation of the vehicle both in the United Kingdom and on international journeys.

Subsection (5) provides that, in exercising his functions under this section, an examiner shall act in accordance with any general directions given by the Secretary of State. This is similar to the provisions of Section 2(4) of the Road Traffic (Foreign Vehicles) Act 1972 and Section 57(11) of the Road Traffic Act 1972.

Subsection (6) makes it an offence to remove a goods vehicle, or cause or permit it to be removed, out of the United Kingdom in contravention of a prohibition imposed under subsection (1). The fine of up to £200 would be additional to those provided for in Clause 1(3) and (4). This provision is important in order to deal with any unscrupulous persons who seek to evade a prohibition notice; for example, by taking the vehicle to a port other than that from which it was intended to embark.

Subsection (7) applies to this section the construction and definitions set out in Clause 1(8) and (9).

Question put and agreed to.

Subsequent Lords amendments agreed to.